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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Pages 104950-104952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30381]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2022-0134; FXES1111090FEDR-256-FF09E21000]
RIN 1018-BG93

Endangered and Threatened Wildlife and Plants; Significant 
Portion of the Range for the Northern Distinct Population Segment of 
the Southern Subspecies of Scarlet Macaw

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Prior analysis and determination; opening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service, are opening a public 
comment period on a 2023 analysis regarding the significant portion of 
the range for the northern distinct population segment of the southern 
subspecies of the scarlet macaw (Ara macao macao). The analysis was 
conducted as part of a listing determination under the Endangered 
Species Act for the distinct population segment. Previously submitted 
comments related to the analysis need not be resubmitted, as they are 
already incorporated into the public record and will be fully 
considered.

DATES: We will accept comments received or postmarked on or before 
January 27, 2025. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. eastern time on the closing date.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2022-0134, 
which is the docket number for documents related to the analysis and 
listing determination. Then click on the Search button. You may submit 
a comment by clicking on ``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-HQ-ES-2022-0134, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT: Rachel London, Manager, Branch of 
Delisting and Foreign Species, Ecological Services Program, U.S. Fish 
and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 
22041-3803 (telephone 703-358-2171). Individuals in the United States 
who are deaf, deafblind, hard of hearing, or have a speech disability 
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications 
relay services. Individuals outside the United States should use the 
relay services offered within their country to make international calls 
to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Background

    On February 26, 2019, we, the U.S. Fish and Wildlife Service 
(Service), published in the Federal Register a final rule under the 
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et 
seq.) (84 FR 6278; hereafter referred to as ``the 2019 rule''). The 
2019 rule was the outcome of a rulemaking proceeding that began with a 
proposed rule (77 FR 40222, July 6, 2012) and a revised proposed rule 
(81 FR 20302, April 7, 2016).
    The 2019 rule revised the List of Endangered and Threatened 
Wildlife in title 50 of the Code of Federal Regulations (at 50 CFR 
17.11(h)) to add the northern subspecies of scarlet macaw (A. m. 
cyanoptera) as an endangered species, the northern distinct population 
segment (DPS) of the southern subspecies (A. m. macao) as a threatened 
species, and the southern DPS of the southern subspecies (A. m. macao) 
and subspecies crosses (A. m. cyanoptera and A. m. macao) as threatened 
species due to similarity of appearance. The 2019 rule also added 
protective regulations to 50 CFR 17.41 pursuant to section 4(d) of the 
Act for the northern and southern DPSs of the southern subspecies and 
for subspecies crosses (hereafter, ``the 4(d) rule''). For a more 
thorough discussion of the taxonomy, life history, distribution, and 
the determination of listing status for scarlet macaws under the Act, 
please refer to the Species Information section in the 2019 rule.
    In the 2019 rule, we determined that the northern DPS of the 
southern subspecies of scarlet macaw meets the definition of a 
threatened species because it was likely to become in danger of 
extinction within the foreseeable future throughout all of its range. 
At that time, we followed our Final Policy on Interpretation of the 
Phrase ``Significant Portion of Its Range'' in the Endangered Species 
Act's

[[Page 104951]]

Definitions of ``Endangered Species'' and ``Threatened Species'' (Final 
Policy; 79 FR 37578, July 1, 2014), which provided that if the Service 
determined that a species was threatened throughout all of its range, 
the Service would not analyze whether the species was endangered in a 
significant portion of its range. Therefore, we did not conduct an 
evaluation of whether the northern DPS of the southern subspecies (A. 
m. macao) should be listed as an endangered species due to its status 
in a significant portion of its range (SPR).
    After the 2019 rule was published, the portion of the Final Policy 
that we had relied upon in the 2019 rule was vacated in Center for 
Biological Diversity v. Everson, 435 F. Supp. 3d 69 (D.D.C. Jan. 28, 
2020) (Everson). Therefore, we sought a voluntary remand of the 2019 
rule and the 4(d) rule in an ongoing lawsuit that challenged both rules 
(Friends of Animals v. Williams (No. 1:21-cv-02081-RC, Doc. 22) 
(Friends of Animals)). On August 29, 2022, the U.S. District Court for 
the District of Columbia (Court) granted our motion for voluntary 
remand without vacatur of the threatened finding and section 4(d) rule 
for the northern DPS of the southern subspecies of scarlet macaw.
    In response to the Court's decision, we published a document in the 
Federal Register stating that we were reexamining our 2019 SPR analysis 
and reconsidering it based on the plain language of the Act and the 
implications of Everson (87 FR 66093, November 2, 2022). In that 
document (hereafter, ``the 2022 reconsideration''), we sought public 
comment on how the decision in Everson and the Act's plain language may 
affect the 2019 rule. Specifically, we were interested in public input 
on whether and how the Everson opinion affects the SPR analysis in the 
threatened determination.
    Taking into consideration all public comments received on the 2022 
reconsideration and based on our additional analysis, on April 3, 2023, 
we published a new SPR analysis and final threatened species 
determination for the northern DPS of the southern subspecies of 
scarlet macaw (88 FR 19549; hereafter, ``the 2023 SPR analysis'').
    In the 2023 SPR analysis, we assessed four portions of the northern 
DPS of the southern subspecies of scarlet macaw: the Pacific slope of 
Costa Rica, mainland Panama, Colombia west of the Andes, and Panama and 
Colombia combined. We concluded that none of the portions in the 
northern DPS are both in danger of extinction and significant. Having 
completed the SPR analysis for the northern DPS and having determined 
that the northern DPS is not in danger of extinction in any significant 
portion of its range, we did not propose to revise the current status 
of the southern subspecies of scarlet macaw in the northern DPS. 
Therefore, we affirmed the listing of the scarlet macaw as set forth in 
the 2019 rule.
    For a description of previous Federal actions concerning the 
scarlet macaw, please refer to the 2022 reconsideration (87 FR 66093, 
November 2, 2022) and the 2023 SPR analysis (88 FR 19549, April 3, 
2023).

This Action

    In response to an amended complaint filed by Friends of Animals, 
the Court found that we inappropriately limited the scope of public 
comments in the 2022 reconsideration. On July 10, 2024, the Court 
vacated the 2023 SPR analysis and remanded it to us to reconduct that 
analysis after soliciting and considering public comments on the 
relevant, substantive issues. Accordingly, with this document, we 
hereby open a 30-day public comment period on the 2023 SPR analysis 
with no limitations on the comments requested.

Public Comments

    We will accept written comments and information during this comment 
period on our 2023 SPR analysis for the northern DPS of the southern 
subspecies of scarlet macaw (88 FR 19549, April 3, 2023). Consistent 
with the Court's order in Friends of Animals, we will reconduct that 
SPR analysis after considering all comments and information that we 
receive. Our consideration of the comments and information may have 
different outcomes: Our final SPR analysis and listing determination 
may differ from the 2023 SPR analysis and, therefore, we may need to 
revise and repropose the northern DPS listing determination; 
alternatively, we may affirm our conclusion in the 2023 SPR analysis, 
and no reproposal of the northern DPS listing determination may be 
necessary. In either a final SPR analysis and determination or any 
reproposed northern DPS listing determination, we will clearly explain 
our rationale and the basis for our determination, including why we 
made changes, if any, that differ from the 2023 SPR analysis.
    Comments should be as specific as possible. Please include 
sufficient information with your submission (such as scientific journal 
articles or other publications) to allow us to verify any scientific or 
commercial information you include. Please note that section 4(b)(1)(A) 
of the Act directs that determinations as to whether any species is an 
endangered species or a threatened species must be made solely on the 
basis of the best scientific and commercial data available. Comments or 
information already submitted on the proposed rule (77 FR 40222, July 
6, 2012); revised proposed rule (81 FR 20302, April 7, 2016); or the 
2022 reconsideration of the 2019 rule (87 FR 66093, November 2, 2022) 
need not be resubmitted. Any such comments are already incorporated as 
part of the public record of the rulemaking proceeding, and we will 
fully consider them as part of this action.
    You may submit your comments and materials by one of the methods 
listed in ADDRESSES. We request that you send comments only by the 
methods described in ADDRESSES. If you submit information via https://www.regulations.gov, your entire submission--including your personal 
identifying information--will be posted on the website. If your 
submission is made via a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this information from public review. However, we cannot 
guarantee that we will be able to do so. We will post all hardcopy 
submissions on https://www.regulations.gov. Comments and materials we 
receive, as well as supporting documentation we used in preparing the 
proposed rule, will be available for public inspection on https://www.regulations.gov at FWS-HQ-ES-2022-0134.

Authors

    The primary authors of this document are the staff members of the 
Fish and Wildlife Service's Species Assessment Team and the Branch of 
Delisting and Foreign Species.

Authority

    The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.), is the authority for this action.

Signing Authority

    Martha Williams, Director of the U.S. Fish and Wildlife Service, 
approved this action on December 3, 2024. Acting Director Steve Guertin 
approved these packages December 15, 2024. On December 16, 2024, the 
acting Director authorized the undersigned to sign the document 
electronically and submit it to the Office of the Federal Register for

[[Page 104952]]

publication as an official document of the U.S. Fish and Wildlife 
Service.

Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk 
Management, and Analytics of the Joint Administrative Operations, U.S. 
Fish and Wildlife Service.
[FR Doc. 2024-30381 Filed 12-23-24; 8:45 am]
BILLING CODE 4333-15-P
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